What Are My Legal Options If Hit by a Drunk Driver?

drunk driver

Being hit by a drunk driver in an auto accident may result in critical consequences like injuries and car damage. It’s also frustrating that you have to suffer because of a negligent driver who shouldn’t be driving at the moment.

Fortunately, the law allows you to file a case against a drunk driver who hit you in a car crash. This article will explain the best legal options you should take.

Damages to Claim from the Drunk Driver Who Hit You

compensatory damages

You may file compensation for the following damages against a drunk driver who hit you in a car accident.

1. Compensatory Damages

These damages compensate for the financial and non-economic loss you may sustain from the accident, including:

  • Property Damage

You may claim this compensation if your car sustains damages from the accident. It covers car repairs, part replacements, and even car replacement if necessary.

  • Medical Compensation

medical treatment

You may claim medical benefits from the other driver if you sustain injuries from the car crash, including:

  • Medical appointments
  • Medication and treatments
  • Surgeries
  • Laboratory tests
  • Reimbursement of transportation cost for medical appointments

Get immediate medical evaluation within 48 hours after the accident to become eligible for medical compensation. Moreover, collect medical evidence like medical reports, prescriptions, and bills to support your claim.

  • Loss Wages

The other driver also needs to pay your lost wages because of the car crash. Your injuries and emotional stress may force you to skip work to undergo treatment or rest.

  • Pain and Suffering

post-traumatic stress

Emotional stress is another compensatory element in an auto accident case. As mentioned above, you may feel additional frustrations because a drunk driver had hit you.

Thus, claim benefits for the psychological stress you experience because of the accident, like:

  • Unbearable physical pain and discomfort
  • Post Traumatic Stress Disorder (PTSD)
  • Depression and Anxiety
  • Insomnia

You may need to consult a psychologist or psychiatrist for an evaluation to support your claim for pain and suffering. Moreover, a Burbank auto accident attorney will help calculate your deserved benefits.

2. Punitive Damages

Punitive damages revolve around penalizing the at-fault driver instead of awarding compensation to the victim.

The court will award punitive damages if the at-fault driver has committed gross negligence that caused the accident. Drunk driving is gross negligence that drivers should never commit.

Filing punitive damages against the drunk driver who hit you can teach drivers to become responsible on the road.

What to Do If a Drunk Driver Hit You in an Auto Accident


Now, remember to take these critical steps if a drunk driver crashes into your car:

  1. Exchange insurance details with the drunk driver. You can ask the police to take the other driver’s insurance details if they don’t cooperate.
  2. Take pictures from the accident scene to serve as evidence. Include photos of your car’s damage and injuries. Ask somebody to do the task if you can’t move due to injuries.
  3. Don’t leave the scene until the police tell you to. Your cooperation will support your case.
  4. Seek medical evaluation within 48 hours after the car crash. As mentioned above, medical documents can support your claim. Besides, delaying medical appointments can damage your case and result in a lower settlement or claim denial.
  5. Immediately call a professional car accident lawyer to handle your case.

Hire an Auto Accident Lawyer in Burbank When Suing a Drunk Driver

Drunk driving is illegal, but some drivers may still commit this gross negligence and hit you on the road.

So, know your legal options if a drunk driver crashes into your car. A Burbank auto accident attorney will help you take legal actions against an irresponsible driver.

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